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(영문) 수원지방법원성남지원 2017.11.24 2017가단8578
물품대금
Text

1. Defendant A Co., Ltd.: 30,320,600 won and 6% per annum from March 24, 2016 to May 29, 2017 to the Plaintiff.

Reasons

From November 7, 2015 to March 23, 2016, Plaintiff 1 supplied Defendant A Co., Ltd. (hereinafter “Defendant Company”) with a total of KRW 62,550,600, and only KRW 32,230,000 with a total of KRW 32,230,000 with a total of KRW 30,320,60 with a total of KRW 60.

In order to demand the payment of the unpaid amount of goods, Defendant B, the representative director of the defendant company, guaranteed the obligation to pay the above goods of the defendant company, but has not been paid up to now.

Therefore, the Defendants are jointly and severally liable to pay 30,320,600 won and damages for delay payable to the Plaintiff.

Although the Defendant Company was supplied with light carbon necessary for the above construction in relation to the apartment construction in Dongdaemun-gu Seoul apartment located in Dongdaemun-gu, which the Defendant Company was contracted and executed by the Defendant Company, the amount of goods supplied by the Plaintiff is KRW 44,908,000, and the amount of goods unpaid is KRW 12,678,000, out of the amount of goods supplied by the Plaintiff.

However, since the Plaintiff issued a tax invoice, it is necessary to deduct 3,223,000 won of value-added tax from the price of goods. The price of goods that the Defendant Company pays to the Plaintiff is only KRW 9,45,000.

Furthermore, the parties to the contract for the supply of light coal are the defendant company, and the defendant B did not jointly and severally guarantee the obligation to pay the goods of the defendant company.

Comprehensively taking account of the overall purport of the pleadings as to the claim against the defendant company by the plaintiff as to the claim against the defendant company, the plaintiff may recognize the fact that the plaintiff supplied the defendant company with light coal equivalent to the total amount of KRW 62,550,600 from November 7, 2015 to March 23, 2016, and only the descriptions in subparagraphs 1 through 4 alone are insufficient to reverse it, and there is no counter-proof otherwise.

The Defendant Company paid the goods to the Plaintiff by the Defendant Company in the amount of KRW 32,230,00,000.

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